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Municipal Corporation of Jalandhar (MCJ) the scope, quality or performance of the Works; (ii) which limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the bidder’s obligations under the Contract; or (iii) whose rectification would affect unfairly the competitive position of the other bidders presenting substantially responsive bids. 26.3 If a bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 27. Evaluation and Comparison of Technical Proposals 27.1 The Employer or evaluation committee constituted by the Commissioner will carry out a detailed evaluation as per Table 1 of the bids in order to determine whether the bidders are qualified and whether the technical aspects are substantially responsive to the requirements set forth in the bidding documents. In order to reach such a determination, the Employer will examine the information supplied by the bidders and other requirements in the bidding documents, taking into account the following factors: (a) Experience (i) determination will evaluate the Bidder’s experience information submitted in the proposal based upon the experience in similar works.( Appendix 2 &3) (b) Qualification (i) determination will evaluate the Bidder's qualification information submitted in the proposal based upon the qualification criteria(Table 2) given in the document, to confirm that the minimum qualification requirements are being met; and (c) Technical (i) Overall completeness and compliance with the Employer's Requirements including such other information as the Employer deems necessary and appropriate technical merits. (ii) overall other information, provision of the additional information to be provided in the Technical Schedules; (iii) Each submitted proposal shall be scored for a maximum of 100 marks and only Bidders scoring a minimum 75 marks out of 100 will be considered qualified and recommended for opening of the price proposal. (iv) Financial bids/price bids of non-qualifying bidders (receiving less than 75% marks in technical evaluation) shall not be opened and shall be returned, once the contract has been awarded. The decision of the commissioner will be final and binding in this regard. Section 1: Instructions to Bidders - 18 -
Municipal Corporation of Jalandhar (MCJ) 27.2 Pursuant to Sub-Clause 28.1, information provided by the Bidders will be evaluated to determine whether the technical aspects are substantially responsive to the requirements set forth in the bidding documents. 27.3 The Employer wishes to clarify that despite whatever is proposed by the Bidder, the successful Bidder shall be required to conform in all respects to the requirements of the Contract, and all proposals shall be subject to the approval of the Employer’s representative. Acceptance of the Bidder’s proposal for the purposes of bid evaluation and award of tender shall not be construed as approval by the Employer. All details will subsequently be subject to the approval of the Employer’s representative during execution of the Contract. No claim for additional payments shall be entertained, other than in accordance with the Contract. 28. Clarification of Technical Proposals 29. Invitation to Attend Opening of Price Proposals 28.1 The Tender Evaluation Committee may undertake “oral” (telephonic included) clarifications with the bidders. The primary function of clarifications in the evaluation process is to clarify ambiguities and uncertainties arising out of the evaluation of the bid documents. Oral clarifications provide the opportunity for the committee to state its requirements clearly and for the bidder to more clearly state its proposal. The committee may seek inputs from their professional, technical faculties in the evaluation process. However, no additional documents will be allowed to be submitted by the bidder after the formal submission of the bid and the clarifications, if any have to be provided/referred from documents already submitted. 29.1 At the end of the evaluation of Technical Proposals by the Employer, the Employer will invite bidders who have submitted substantially responsive Technical Proposals (obtaining more than or equal to 75 Marks out of 100) and who have been determined as being qualified for award to attend the bid opening of the Price Proposals. Bidders shall be given reasonable notice of bid opening the Price Proposal. F. OPENING AND EVALUATION OF PRICE PROPOSALS 30. Opening of Price Proposals 30.1 The Employer will open the Price Proposals of all bidders who have submitted substantially responsive Technical Proposals at the time and date at the location advised to the bidders or as mentioned in the data sheet. The bidder's representatives who are present shall sign a register evidencing their attendance. 30.2 The bidder’s names, the bid prices, the total amount of each bid, any discounts, and such other details as the Employer may consider appropriate, will be announced and recorded by the Section 1: Instructions to Bidders - 19 -
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